AOS

Old Sep 20th 2021, 11:08 pm
  #1  
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Default AOS

after entry on ESTA earlier this month. Married earlier this year. Return ticket. No intention of AOS until a couple days ago. Can someone shed some light please? I'm a bit confused by the threads here, do I file I-485 and supporting forms immediately or wait till my 90 days is up?

Appreciate any advice anyone can give.
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Old Sep 21st 2021, 12:03 am
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Default Re: AOS

It doesn't really matter when you file everything, but I would say it's much better to file and have the receipt in hand before your 90 days is up... that way you have legal permission to be in the USA.

Rene
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Old Sep 21st 2021, 12:40 am
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Default Re: AOS

Thank you kindly for your reply Rene! Much appreciated.
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Old Sep 21st 2021, 1:03 am
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Default Re: AOS

It can be a complicated, confusing and uncertain area of the law.

Should be pointed out that you are already married.
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Old Sep 21st 2021, 1:27 am
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Default Re: AOS

Is your spouse a US citizen?
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Old Sep 21st 2021, 4:16 pm
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Default Re: AOS

The process is a bot more complicated than that but yes you can file to adjust.
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Old Sep 21st 2021, 4:27 pm
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Default Re: AOS

While having 'no intention' of doing AOS, the fact that you were entering the US to visit your husband (you married earlier this year) must have raised the possibility that you would not want to return to home country and AOS could be on the cards.
In earlier posts you had mentioned having to do the CR-1 visa......

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Old Sep 21st 2021, 11:43 pm
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Default Re: AOS

You will be filing the I-485 but your husband will have to filed at the same with your petition, the I-130.

You cannot adjust status without having an approved I-130 unless you entered with a K-1 Fiancee Visa, which you did not.

Don't forget to file at the same all the other forms you need to submit, i.e. I-764, I-131, etc.
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Old Sep 22nd 2021, 2:00 am
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Default Re: AOS

Originally Posted by newacct View Post
Is your spouse a US citizen?
Yes
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Old Sep 22nd 2021, 2:31 am
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Default Re: AOS

Originally Posted by SanDiegogirl View Post
While having 'no intention' of doing AOS, the fact that you were entering the US to visit your husband (you married earlier this year) must have raised the possibility that you would not want to return to home country and AOS could be on the cards.
In earlier posts you had mentioned having to do the CR-1 visa......
No, it didn't cross my mind.
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Old Sep 22nd 2021, 1:49 pm
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Default Re: AOS

Originally Posted by Bebobra View Post
No, it didn't cross my mind.
Be that as it may, it will be sorted out by USCIS when you and he attend the interview for your AOS in the future. The intent to defraud is a serious charge and would mean, if found that you entered with the purpose of remaining to adjust status, a denial of your AOS and other ramifications.
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Old Sep 22nd 2021, 2:28 pm
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Default Re: AOS

Intent was determined at the PoE
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Old Sep 22nd 2021, 3:34 pm
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Default Re: AOS

Originally Posted by Rete View Post
Be that as it may, it will be sorted out by USCIS when you and he attend the interview for your AOS in the future. The intent to defraud is a serious charge and would mean, if found that you entered with the purpose of remaining to adjust status, a denial of your AOS and other ramifications.
I understand.
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Old Sep 22nd 2021, 3:36 pm
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Default Re: AOS

Originally Posted by Boiler View Post
Intent was determined at the PoE
This is my understanding too.
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Old Sep 22nd 2021, 10:38 pm
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Default Re: AOS

It can be questioned by the interviewing officer. I know of one case where it occurred. While it was many years ago, the couple in question showed evidence of a wedding with many foreign guests, etc. AOS was denied and the new hubby had to leave the US. [Vague info given as to not forewarn others what to look out for.]
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